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Boydstun v. Jacobs

January 1915

SYLVIA BOYDSTUN, APPELLANT, V. PHILIP JACOBS AND NEWTON JACOBS (A MINOR), RESPONDENTS.


Appeal from Second Judicial District Court, Washoe County; Cole L. Harwood, Judge.

James Glynn and O. J. Smith, for Appellant.

Summerfield & Richards, for Respondents.

By the Court, Coleman, J.:

This is a suit brought by appellant to recover possession of certain real property.

Mrs. Dora B. Lachman, on July 8, 1901, conveyed to Philip Jacobs, as trustee, the following property, namely:

“Lots eleven (11) and twelve (12) in block E in Powning's addition to Reno; lot four (4) in block T, with the dwelling house of grantor and another house of one story thereon; south one-half (1/2) of lot four (4) and north one-half (1/2) of lot three in block O, with the three stores situated thereon; also the south one-half (1/2) of lot five (5) in block O, with the laundry building thereon; also an undivided interest in the following property, lot nineteen (19) and west nineteen (19) feet of lot

[38 Nev. 175, Page 177]

twenty (20) in block O with stores; also S. 20 ft. of lots 23 and 24 in block O.”

The habendum clause of the deed reads as follows:

“To have and to hold, all and singular the said premises, together with the appurtenances, unto the said party of the second part, his heirs and assigns forever in trust nevertheless for the following uses and purposes namely, to hold the same during the term of my natural life paying over to me during my life all the rents, issues and profits thereof and upon my death said properties shall go to and my said trustee Philip Jacobs shall convey the same (if the law shall require any conveyance) to the following persons, viz, to the child or children of my daughter Sylvia the south one-half (1/2) of block O. If at the time of my death my said daughter shall have no other child than her present issue Newton Nevada Jacobs said S. 1/2 of block O shall go to said Newton. If she shall have more than one child it shall go to her children in equal shares. If she shall have no issue living said property (S. 1/2 of block O) shall go to my said daughter.”

Mrs. Lachman died on July 27, 1901. The appellant in 1896 was married to respondent Philip Jacobs, to whom was born respondent Newton Nevada Jacobs. Appellant and respondent Philip Jacobs lived happily together until March, 1904, when they separated, and were divorced in September, 1904. On July 13, 1903, appellant demanded of Philip Jacobs a conveyance of all the property to which she was entitled under the deed of trust. On that day, and prior to the execution of the deed, she had three conversations with said trustee, in each of which the question as to what property she was entitled to under the trust deed was discussed. She was informed by said trustee, and by his father, with whom she also had a conversation on that day, that the property in question here, which will hereafter be designated as the “Lachman Building,” went to her son, Newton Jacobs, and that she received the rent of the property described in the trust deed.

Appellant now contends that it was the intention of

[38 Nev. 175, Page 178]

her mother that she should have received the Lachman building, and that Newton Jacobs should have received the south one-half of lot 5. She charges that through the fraudulent misrepresentations of her husband she was induced to accept a conveyance to the ...


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